Attachment 2 - Project Specific Maintenance Agreement for Los Gatos Creek Trail in Town of Los GatosLos Gatos Crk Trail
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PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR LOS GATOS
CREEK TRAIL IN TOWN OF LOS GATOS
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between
the State of California, acting by and through the Department of Transportation,
hereinafter referred to as “STATE” and the TOWN of Los Gatos; hereinafter referred to as
“TOWN”; and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. Encroachment Permit No. __________ was executed between TOWN and STATE on
____________________to construct a Bike/Pedestrian Trail on State Route (SR) 9,
hereinafter referred to as “PROJECT”, and
2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon
PROJECT completion, TOWN and STATE will enter into a Maintenance Agreement,
and
3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of
TOWN for the improvements of PROJECT constructed within the STATE right of way
under the Encroachment Permit No. __________, and
4. There is an existing Delegated Maintenance Agreement(s), with TOWN originally
dated_1-3-1975 (with Amendment #1 on 5-14-2019). This Agreement is meant to
replace or supersede this earlier Delagated Maintenance Agreement (with
amendments) with respect to area of Los Gatos Creek Trail as shown on Exhibit A.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. PARTIES agree this Agreement shall supersede the portion of said Delegated
Maintenance Agreement executed by PARTIES on January 3rd, 1975 that are
included in this Project Specific Maintenance Agreement.
2. Exhibit A consists of plan drawings and cross-sections. They delineate and describe
the areas within STATE right of way which are the responsibility of the TOWN to
maintain in accordance with this Agreement. Exhibit B is the insurance document,
covering the project, which the Town is required to keep current.
Attachment 2
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3.If there is mutual agreement on a change in the maintenance responsibilities
between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution
of the exhibit.
4.TOWN must obtain the necessary Encroachment Permits from STATE’s District 04
Encroachment Permit Office prior to entering STATE right of way to perform TOWN
maintenance responsibilities. This permit will be issued at no cost to TOWN.
5.PEDESTRIAN/BICYCLE OVERCROSSINGS (non-vehicular) constructed as a permitted
encroachment within STATE’s right of way. TOWN is solely responsible for, but not
limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities,
graffiti removal, sweeping and debris removal, signing, and striping, slope paving
and delineation. TOWN will maintain, at TOWN expense, a safe facility for pedestrian
and bicycle use along the entire length of the structure, by providing structure
inspection, and structure maintenance.
6.WALLS, SOUNDWALLS, AND COLUMNS - TOWN is responsible for debris removal,
cleaning and painting to keep TOWN‘s side of any wall structure or column free of
debris, dirt, and graffiti.
7.LANDSCAPED AREAS - TOWN is responsible for the maintenance of any plantings or
other types of roadside improvements of PROJECT lying outside of the fenced area
restricting walk-on access to the freeway.
8.PEDESTRIAN/BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted
encroachments within STATE’s right of way, TOWN is solely responsible for all
permitted improvements, including but not limited to the delineation, fencing, guard
railing, drainage facilities, related structures, retaining walls, slope and structural
adequacy of components of the Path. TOWN will maintain, at TOWN expense, a safe
facility for pedestrian and bicycle travel along the entire length of the path by
providing sweeping and debris removal when necessary; and all signing and striping,
and pavement markings required for the direction and operation of that non-
motorized facility.
9.LEGAL RELATIONS AND RESPONSIBILITIES
9.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or to affect
the legal liability of a PARTY to the Agreement by imposing any standard of care
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with respect to the operation and maintenance of STATE highways and local
facilities different from the standard of care imposed by law.
9.2. Neither TOWN nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by, under or in connection with any work, authority or jurisdiction conferred upon
STATE under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless TOWN and all of their officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortious, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.
9.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by TOWN under or in connection with any work, authority or jurisdiction conferred
upon TOWN under this Agreement. It is understood and agreed that TOWN shall
fully defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including section but not limited to, tortious, contractual,
inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by TOWN under this Agreement.
10. PREVAILING WAGES:
10.1. Labor Code Compliance- If the work performed under this Agreement is done
under contract and falls within the Labor Code section 1720(a)(1) definition of a
"public works" in that it is construction, alteration, demolition, installation, or repair;
or maintenance work under Labor Code section 1771. TOWN must conform to
the provisions of Labor Code sections 1720 through 1815, and all applicable
provisions of California Code of Regulations found in Title 8, Chapter 8,
Subchapter 3, Articles 1-7. TOWN agrees to include prevailing wage
requirements in its contracts for public works. Work performed by TOWN'S own
forces is exempt from the Labor Code's Prevailing Wage requirements.
10.2. Requirements in Subcontracts - TOWN shall require its contractors to include
prevailing wage requirements in all subcontracts when the work to be performed
by the subcontractor under this Agreement is a "public works" as defined in Labor
Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall
include all prevailing wage requirements set forth in TOWN's contracts.
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11. INSURANCE -
11.1. SELF-INSURED - TOWN is self insured. TOWN agrees to deliver evidence of self-
insured coverage providing general liability insurance, coverage of bodily injury
liability and property damage liability, naming STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence
and $2 million in aggregate and $5 million in excess. Coverage shall be
evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”),
satisfactory to STATE, certifying that TOWN meets the coverage requirements of
this section. This Letter of Self-Insurance shall also identify the Los Gatos Creek Trail
location as depicted in EXHIBIT A. TOWN shall deliver to STATE the Letter of Self-
Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter
of Self-Insurance shall be attached hereto and incorporate as Exhibit B.
11.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is
done by TOWN‘s contractor(s), TOWN shall require its contractor(s) to maintain in
force, during the term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury liability and property damage liability, naming
STATE, its officers, agents and employees as the additional insured in an amount
of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory
to the STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
12. TERMINATION - This Agreement may be terminated by mutual written consent by
PARTIES or by STATE for cause. TOWN’s failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
13. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated
as set forth in Article 14 above.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter
into this Agreement and have delegated to the undersigned the authority to execute
this Agreement on behalf of the respective agencies and covenants to have followed
all the necessary legal requirements to validly execute this Agreement.
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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and
year first above written.
TOWN OF LOS GATOS STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
Tony Tavares
Director of Transportation
Initiated and Approved
By: ___________________________
TOWN Manager
By: ___________________________
Leah Budu
Deputy District Director
Maintenance District 04
ATTEST:
By: __________________________
TOWN Clerk
By: __________________________
TOWN Attorney
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H
W
Y
9 17HWYEXHIBIT A (SHEET 1 of 4)
LOCATION MAP
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
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EXHIBIT A (SHEET 2 of 4)
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
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LEGEND
AREA WITHIN RIGHT OF WAY TO BE
MAINTAINED BY THE TOWN OF LOS GATOS
EXHIBIT A (SHEET 3 of 4)
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
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EXHIBIT A (SHEET 4 of 4)
CROSS SECTIONS
MAINTENANCE AGREEMENT
WITH THE TOWN OF LOS GATOS
AND TRANSPORTATION DISTRICT
04-SCI-17 PM 6.58 TO PM 7.66